Father who posted shocking Facebook picture of two-year-old daughter bound and gagged found guilty of battery

Verdict: Andre Curry has been acquitted of unlawful restraint on Tuesday but awaits for a verdict on domestic battery charges

A Chicago man who bound his 22-month-old daughter with tape and posted a photo on Facebook has been convicted of battery charges.

Andre Curry, 22, was found guilty of aggravated domestic battery and aggravated battery by Cook County Circuit Judge Lawrence Flood after a bench trial.

Flood previously acquitted Curry on an unlawful restraint charge in the case, saying he wanted more time to study domestic battery laws before issuing his final verdict on the remaining charges.

Curry will be sentenced on Nov. 29, and is eligible for anything from probation to 7 years in prison.

Curry, who did not testify on his own behalf, has said he and his daughter were playing on December 13 and that he took the photo without thinking. Defense attorney Sam Adam Jr. argued the child was never in danger.

The posting on Facebook showed the girl's wrists, ankles and mouth bound with tape and a note that read, 'This is wut [sic] happens wen my baby hits me back,' and a smiley face.

Three witnesses testified during the trial, including Chicago police Detective Charles Hollendoner, who said he interviewed Curry twice in the days after the incident and the father insisted the whole thing was meant to be a joke.

'He said he was just playing with the child and didn't mean any harm,' Hollendoner said. 'He said the child was only taped up for a maximum of 30 seconds.'

His sister, Annastasia Curry, testified she was cooking dinner and could hear Curry and her niece laughing in the living room. She testified she went out to check on them at one point and saw the little girl covered with tape.

Posted on Facebook: Curry, who did not testify on his own
behalf, has said he and his daughter were playing on December 13 and
that he took the photo without thinking

'She was laughing; he was laughing,' the sister said. 'I saw him take the tape off, and I went back in the kitchen.'

Cook County prosecutors contended that by placing the tape over the girl's mouth, Curry obstructed her breathing and committed a battery. Prosecutors did not present evidence the child was injured.

Defense attorney Sam Adam Jr. told the judge Curry is a good father who was just being playful.

'Was this something stupid to do? No question about it,' Adam said. 'But they're asking you to find him guilty of some very serious charges.'

In his ruling, Flood criticized Curry for obstructing his daughter's breathing for his own entertainment.